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 Periodical article |
 Leiden University catalogue |
 WorldCat |
| Title: | South Africa's new constitution: the challenges of diversity and identity |
| Author: | Klug, Heinz |
| Year: | 1995 |
| Periodical: | Verfassung und Recht in Übersee |
| Volume: | 28 |
| Issue: | 4 |
| Pages: | 421-448 |
| Language: | English |
| Geographic term: | South Africa |
| Subjects: | political parties constitutions 1993 |
| Abstract: | Challenges of diversity and identity remain embedded in South Africa's 1993 interim Constitution, despite a legacy of nonracialism within the ANC. This article first identifies different possible constitutional approaches to problems of ethnicity and difference and considers how the three major players in South Africa's constitutionmaking process - the ANC, the National Party (NP) and the Inkatha Freedom Party (IFP) - initially proposed to deal with these issues and how they modified their positions in the face of increasing challenges. Then it analyses the areas of contestation within which the different parties are likely to continue to assert their own particular meanings: the relationship between negotiated constitutional principles and a democratic constituent assembly; constitutional supremacy and regional constitutionmaking powers; fundamental rights and substantive equality; fundamental language and cultural rights, recognition of indigenous law and gender equality; the geographic division of legislative authority; the functional division of legislative powers and regional autonomy; proportional representation, powersharing, consultation and consensus in executive decisionmaking; political participation and consociational mechanisms; and effective governance and the proliferation of checks and balances. Notes, ref., sum. (p. 417). |
